Light obstruction notice - Revision history

Designing Buildings at 08:31, 11 October 2020

2020-10-11T08:31:41Z

← Older revision		Revision as of 08:31, 11 October 2020
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	* Value in the view: conserving historic urban views.		* Value in the view: conserving historic urban views.

−	[[Category:~~Other_legislation~~]] [[Category:DCN_Legislation]] [[Category:Property_law]]	+	[[Category:DCN_Definition]] [[Category:DCN_Guidance]] [[Category:DCN_Legislation]] [[Category:Other_legislation]] [[Category:Property_law]]

Designing Buildings at 10:01, 23 February 2020

2020-02-23T10:01:27Z

← Older revision		Revision as of 10:01, 23 February 2020
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	* Lighting of construction sites.		* Lighting of construction sites.
	* Nuisance.		* Nuisance.
		+	* Openable window area.
	* Restrictive covenants.		* Restrictive covenants.
	* Right of support.		* Right of support.
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	* Value in the view: conserving historic urban views.		* Value in the view: conserving historic urban views.

−	[[Category:Other_legislation]] [[Category:Property_law]]	+	[[Category:Other_legislation]] [[Category:DCN_Legislation]] [[Category:Property_law]]

Designing Buildings at 09:07, 9 February 2020

2020-02-09T09:07:43Z

← Older revision		Revision as of 09:07, 9 February 2020
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	= Related articles on Designing Buildings Wiki =		= Related articles on Designing Buildings Wiki =

		+	* Adequate view out.
	* BREEAM Reduction of night time light pollution.		* BREEAM Reduction of night time light pollution.
	* Easements.		* Easements.

Designing Buildings at 09:59, 29 December 2019

2019-12-29T09:59:02Z

← Older revision		Revision as of 09:59, 29 December 2019
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	If the applicant can demonstrated to the Lands Tribunal that the application is urgent, an expedited process may be adopted, and a temporary certificate given, which is followed later by the definitive certificate.		If the applicant can demonstrated to the Lands Tribunal that the application is urgent, an expedited process may be adopted, and a temporary certificate given, which is followed later by the definitive certificate.

−	~~= Find out more =~~	+	= Related articles on Designing Buildings Wiki =
−		+
−	=== Related articles on Designing Buildings Wiki ===	+

	* BREEAM Reduction of night time light pollution.		* BREEAM Reduction of night time light pollution.
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	* Rights to light.		* Rights to light.
	* Tree rights.		* Tree rights.
		+	* Value in the view: conserving historic urban views.

	[[Category:Other_legislation]] [[Category:Property_law]]		[[Category:Other_legislation]] [[Category:Property_law]]

Designing Buildings at 08:27, 27 April 2018

2018-04-27T08:27:15Z

← Older revision		Revision as of 08:27, 27 April 2018
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	=== Related articles on Designing Buildings Wiki ===		=== Related articles on Designing Buildings Wiki ===

		+	* BREEAM Reduction of night time light pollution.
	* Easements.		* Easements.
	* Light pollution.		* Light pollution.

Designing Buildings at 17:51, 1 November 2016

2016-11-01T17:51:54Z

← Older revision		Revision as of 17:51, 1 November 2016
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	* Right of support.		* Right of support.
	* Rights of way.		* Rights of way.
		+	* Right to a view.
	* Rights to light.		* Rights to light.
	* Tree rights.		* Tree rights.

	[[Category:Other_legislation]] [[Category:Property_law]]		[[Category:Other_legislation]] [[Category:Property_law]]

Editor at 15:06, 13 January 2016

2016-01-13T15:06:18Z

← Older revision		Revision as of 15:06, 13 January 2016
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−
	Rights to light refer to rights to receive sufficient light through an opening (such as a window), allowing ordinary comfortable use and enjoyment of a dwelling, or ordinary beneficial use and occupation of other buildings. Generally, rights to light are acquired by prescription where the light has been enjoyed for 20 years.		Rights to light refer to rights to receive sufficient light through an opening (such as a window), allowing ordinary comfortable use and enjoyment of a dwelling, or ordinary beneficial use and occupation of other buildings. Generally, rights to light are acquired by prescription where the light has been enjoyed for 20 years.

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	Notice of LON’s must be given to affected parties in a way determined by the Lands Tribunal and LON’s must be registered with the local authority on the Local Land Charges Register. Applications for registration should include:		Notice of LON’s must be given to affected parties in a way determined by the Lands Tribunal and LON’s must be registered with the local authority on the Local Land Charges Register. Applications for registration should include:
−	*An application form.	+
−	*A plan showing the location of the property enjoying the light and the proposed obstruction.	+	* An application form.
−	*A Lands Tribunal certificate confirming that appropriate notices have been given to affected parties.	+	* A plan showing the location of the property enjoying the light and the proposed obstruction.
		+	* A Lands Tribunal certificate confirming that appropriate notices have been given to affected parties.

	If the LON remains valid for a year, then any accruing rights are defeated.		If the LON remains valid for a year, then any accruing rights are defeated.
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	=== Related articles on Designing Buildings Wiki ===		=== Related articles on Designing Buildings Wiki ===
−	*Easements.
−	*Light pollution.
−	*Nuisance.
−	*Restrictive covenants.
−	*Right of support.
−	*Rights of way.
−	*Rights to light.
−	*Tree rights.

−	[[Category:Other_legislation]]	+	* Easements.
−	[[Category:Property_law]]	+	* Light pollution.
		+	* Lighting of construction sites.
		+	* Nuisance.
		+	* Restrictive covenants.
		+	* Right of support.
		+	* Rights of way.
		+	* Rights to light.
		+	* Tree rights.
		+
		+	[[Category:Other_legislation]] [[Category:Property_law]]

Designing Buildings at 07:51, 15 April 2015

2015-04-15T07:51:22Z

← Older revision		Revision as of 07:51, 15 April 2015
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	=== Related articles on Designing Buildings Wiki ===		=== Related articles on Designing Buildings Wiki ===
	*Easements.		*Easements.
		+	*Light pollution.
	*Nuisance.		*Nuisance.
	*Restrictive covenants.		*Restrictive covenants.

Designing Buildings at 06:44, 19 October 2014

2014-10-19T06:44:37Z

← Older revision		Revision as of 06:44, 19 October 2014
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−	Rights to light ~~refers~~ to rights to receive sufficient light through an opening (such as a window), allowing ~~‘ordinary’~~ comfortable use and enjoyment of a dwelling, or ~~‘ordinary’~~ beneficial use and occupation of other buildings. Generally, rights to light are acquired by prescription where the light has been ~~‘enjoyed’~~ for 20 years.	+	Rights to light refer to rights to receive sufficient light through an opening (such as a window), allowing ordinary comfortable use and enjoyment of a dwelling, or ordinary beneficial use and occupation of other buildings. Generally, rights to light are acquired by prescription where the light has been enjoyed for 20 years.

	Rights to light can become an issue when a new development, or proposed development affect the access to light of an adjoining property. Rights to light also apply to obstructions caused by trees, hedges and so on, but there are no rights to light for open ground.		Rights to light can become an issue when a new development, or proposed development affect the access to light of an adjoining property. Rights to light also apply to obstructions caused by trees, hedges and so on, but there are no rights to light for open ground.
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	= Find out more =		= Find out more =

−	Related articles on Designing Buildings Wiki	+	=== Related articles on Designing Buildings Wiki ===
	*Easements.		*Easements.
	*Nuisance.		*Nuisance.

Designing Buildings: Created page with " Rights to light refers to rights to receive sufficient light through an opening (such as a window), allowing ‘ordinary’ comfortable use and enjoyment of a dwelling, or ‘or..."

2014-10-19T06:40:19Z

Created page with " Rights to light refers to rights to receive sufficient light through an opening (such as a window), allowing ‘ordinary’ comfortable use and enjoyment of a dwelling, or ‘or..."

New page

Rights to light refers to rights to receive sufficient light through an opening (such as a window), allowing ‘ordinary’ comfortable use and enjoyment of a dwelling, or ‘ordinary’ beneficial use and occupation of other buildings. Generally, rights to light are acquired by prescription where the light has been ‘enjoyed’ for 20 years.

Rights to light can become an issue when a new development, or proposed development affect the access to light of an adjoining property. Rights to light also apply to obstructions caused by trees, hedges and so on, but there are no rights to light for open ground.

Rights to light are attached to the land and so can perpetuate even if a new building is constructed. It cannot be assumed that no rights to light exist simply because neighbouring buildings appear to be new.

Rights to light by prescription may be lost if an infringement is submitted to for a year without making a claim.

See Rights to light for more information.

It is possible to prevent rights to light being acquired by creating a continuous obstruction to the light for 12 months, starting before 19 years enjoyment of the light has accumulated. However there is obviously considerable risk to doing this.

Alternatively, Light Obstruction Notices (LON) can be registered under the Rights of Light Act 1959, even where no obstruction has actually been created yet. If the notice is not challenged within a year the notional infringement of the enjoyment of the light can be considered to have been accepted, the rights defeated, and the 20-year clock ‘reset’.

Notice of LON’s must be given to affected parties in a way determined by the Lands Tribunal and LON’s must be registered with the local authority on the Local Land Charges Register. Applications for registration should include:
*An application form.
*A plan showing the location of the property enjoying the light and the proposed obstruction.
*A Lands Tribunal certificate confirming that appropriate notices have been given to affected parties.

If the LON remains valid for a year, then any accruing rights are defeated.

LONs can be challenged if an affected party can demonstrate that they have had enjoyment of the light for 20 years. They can either be challenged or negotiated directly with the applicant, or challenged through the courts, and this may result in cancelling or altering the notice.

LON's are a relatively inexpensive way of defeating rights, and can be used even if it is only suspected that there may be rights, simply to identify potential claims.

If the applicant can demonstrated to the Lands Tribunal that the application is urgent, an expedited process may be adopted, and a temporary certificate given, which is followed later by the definitive certificate.

= Find out more =

Related articles on Designing Buildings Wiki
*Easements.
*Nuisance.
*Restrictive covenants.
*Right of support.
*Rights of way.
*Rights to light.
*Tree rights.

[[Category:Other_legislation]]
[[Category:Property_law]]